People v. Turner CA2/2

Filed 9/3/15 P. v. Turner CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B260388

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA025469) v.

RODNEY TURNER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Idan Ivri, Deputy Attorney General, for Plaintiff and Respondent.

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Rodney Turner (defendant) was sentenced to three prison sentences of 25 years to life, one for each of his “third-strike” convictions. Following the voters’ enactment of Proposition 36, which is formally known as the Three Strikes Reform Act (Act), defendant petitioned the court for resentencing on two of the convictions. The trial court denied his petition, reasoning that his ineligibility for resentencing on one of the counts prohibited resentencing on the other counts as well. This was incorrect under the California Supreme Court’s recent decision in People v. Johnson (2015) 61Cal.4th 674 (Johnson), which requires courts to assess eligibility for resentencing on a count-by-count basis. We nevertheless affirm because defendant is ineligible for resentencing on each individual count. FACTUAL AND PROCEDURAL BACKGROUND I. Background Facts In May 1996, defendant aided and abetted two others in committing an armed robbery of McDonald’s employees in a McDonald’s drivethrough. (People v. Turner (October 16, 1998, B112835) [nonpub. opn.], at pp. 2-3.) After law enforcement traced a license plate observed at the robbery to defendant’s car, they effected a traffic stop and found defendant with a loaded firearm on his person and a small rock of cocaine in the car’s center console. (Id., at p. 3.) The People charged defendant with (1) second degree robbery (Pen. Code, 1 2 § 211) ; (2) felon in possession of a firearm (§ 12021, subd. (a)(1)) ; and (3) possession of a controlled substance (Health & Safety Code, § 11350, subd. (a)). The People further alleged that defendant’s two 1992 convictions for robbery constituted two prior “strikes” within the meaning of the Three Strikes law (§§ 667, subd. (b)-(i), 1170.12, subds. (a)-